R v Birri Morris [2017] NSWSC 945

R v Birri Morris [2017] NSWSC 945

The Court was satisfied beyond reasonable doubt, on the accepted circumstantial evidence including the injuries, forensic evidence, witness accounts and admissions, that by his voluntary and willed acts Mr Morris inflicted the injuries from which Mr Roberts died. The Court was also satisfied on the balance of probabilities, on unanimous psychiatric evidence supported by the surrounding circumstances, that Mr Morris was suffering from untreated paranoid schizophrenia, a disease of the mind, such that he did not know the quality and nature of his acts. Accordingly, the proper verdict under s 38 of the Mental Health (Forensic Provisions) Act 1990 (NSW) was not guilty of murder by reason of...

Jurisdiction
Australia
Judgment Date
13 July 2017
Procedural Posture
Criminal Law Special Hearing for Charge of Murder / Special Hearing After Accused Found Unfit to Be Tried; No Party Elected Hearing by Jury
Outcome
Special verdict returned that Mr Morris is not guilty of murdering Mr Roberts by reason of mental illness; Mr Morris ordered to be detained until released by due process of law.
Legal Topics
['murder' 'special Hearing' 'mental Illness Defence' 'circumstantial Evidence' 'unfitness to Be Tried' 'forensic Patient']
['criminal Law' 'mental Health Law' 'evidence'] ['murder' 'special Hearing' 'mental Illness Defence' 'circumstantial Evidence' 'unfitness to Be Tried' 'forensic Patient']

Case Brief

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Procedural Posture

Criminal Law Special Hearing for Charge of Murder / Special Hearing After Accused Found Unfit to Be Tried; No Party Elected Hearing by Jury

Legal Issues

  1. 1 ['Whether a voluntary and willed act of Mr Morris caused the death of Mr Roberts by blunt force trauma.' 'Whether Mr Morris made out the defence of mental illness on the balance of probabilities.' 'What orders should be made following a special verdict of not guilty by reason of mental illness.']

Ratio Decidendi

The Court was satisfied beyond reasonable doubt, on the accepted circumstantial evidence including the injuries, forensic evidence, witness accounts and admissions, that by his voluntary and willed acts Mr Morris inflicted the injuries from which Mr Roberts died. The Court was also satisfied on the balance of probabilities, on unanimous psychiatric evidence supported by the surrounding circumstances, that Mr Morris was suffering from untreated paranoid schizophrenia, a disease of the mind, such that he did not know the quality and nature of his acts. Accordingly, the proper verdict under s 38 of the Mental Health (Forensic Provisions) Act 1990 (NSW) was not guilty of murder by reason of...

Court Disposition

Special verdict returned that Mr Morris is not guilty of murdering Mr Roberts by reason of mental illness; Mr Morris ordered to be detained until released by due process of law.

Orders

  • ['Under s 38 Mental Health (Forensic Provisions) Act 1990 (NSW), I return a special verdict that Mr Morris is not guilty of murdering Mr Roberts by reason of mental illness;' 'Under s 39 of the Act, Birri Jo Morris is to be detained in a correctional facility or at such other place as determined by the Mental Health...